Legislature(2021 - 2022)BARNES 124
04/07/2021 01:00 PM House RESOURCES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SJR8 | |
| HB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 8 | TELECONFERENCED | |
| *+ | HB 156 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 8-COMPLETION OF UNIVERSITY LAND GRANT
1:10:34 PM
CHAIR PATKOTAK announced that the first order of business would
be CS FOR SENATE JOINT RESOLUTION NO. 8(RES) Urging the Alaska
delegation in Congress, the United States Department of the
Interior, and the Governor to facilitate a land grant endowment
to the University of Alaska; urging the Alaska delegation in
Congress to reintroduce the University of Alaska Fiscal
Foundation Act; and urging the Department of Natural Resources
to work with the University of Alaska to identify lands suitable
for the land endowment.
1:11:15 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, introduced SJR 8 on behalf of Senator Stevens,
prime sponsor. He said that there is a "generally held belief
that there is a land deficit held by the University of Alaska
(UA)" and that SJR 8 is intended to give UA more financial
management options, thereby decreasing its reliance on the
general fund. He explained that SJR 8 requests the governor,
Alaska's congressional delegation, and the U.S. Department of
the Interior to work together to complete the federal land grand
endowment to UA.
1:12:51 PM
ED FOGELS, Partner, Jade North, LLC, explained that he had been
retained by UA to assist with land grant issues and presented a
PowerPoint on SJR 8 [hard copy included in the committee
packet], titled "University of Alaska Land Grant Status." He
began with slide 3, titled "University Land Grant," which
displayed a map showing the size of Alaska in comparison to the
contiguous United States and read as follows [original
punctuation provided]:
? Only Delaware & Hawaii rank below Alaska in higher
education land grants
? UA only received ~ 110,000 acres of its federal land
grant entitlement
? UA's land grant deficit is 360,000 acres
MR. FOGELS explained that more lands were expected to come to UA
through various federal acts, but the acts "never did
materialize this additional land grand entitlement." He then
showed slide 4, titled "UA Land Holdings" which showed a pie
chart illustrating that the currently-held lands include 139,000
acres of investment land representing 27 percent of the total
entitlement, as well as the missing 360,000 acres representing
71 percent.
MR. FOGELS moved ahead to slide 5, titled "UA Land Grant Acreage
Comparison," which compared UA and Mental Health Trust Land
(MHTL) with the University of Texas land grant, which totals 2.1
million acres.
MR. FOGELS paraphrased slides 6,7, and 8, titled "Land Grant
History," which read as follows [original punctuation provided]:
Pre-Statehood Federal Laws for UA Lands
1862 Morrill Act: Each state upon admission was to
receive 30,000 acres per each member of Congress
(90,000 acres for Alaska) dedicated to higher
education. Provisions not extended to Alaska at
Statehood and so no acreage was conveyed to UA.
1915 "Wickersham" Land Grant Statute: Reserved an
estimated 336,000 acres in Tanana Valley area. Lands
remained largely unsurveyed and less than 5% were ever
conveyed to UA.
1929 "Sutherland" Land Grant Statute: Congress
grants 100,000 acres for UA. Left intact at Statehood,
and acreage is (eventually) conveyed to UA, where it
makes up most of current land holdings.
Following Statehood, the Alaska Legislature tries to
provide UA's land. In 1959 a bill reserving 1 million
acres, passes both Houses, but is vetoed
? During 60's-80's available land base become narrower
with the Land Freeze and passage other federal
legislation
? Alaska Legislature in 2000 passes bill, and
overrides gubernatorial veto, to grant UA 260,000
acres
? In 2004, Alaska Supreme Court rules land conveyance
is not an appropriation, but declines to address
dedication clause issue 8 Land Grant History
2005: Legislation identifies specific lands for
transfer to UA (HB 130)
2007: Environmental group sues arguing land transfer
violates Constitution's anti-dedication clause
(Article 9, Section 7)
2009: Alaska Supreme Court agrees and sticks down
the 2000/2005 legislation. State can't make a land
grant to UA that "would operate in a manner similar to
the way that the University's federal land grant has
operated since before statehood."
2010: UA begins transferring land back to the state
Today: UA owns ~151,000 acres, most from 1929
Sutherland Act, private party donations, as well as
from local governments.
1:18:47 PM
MR. FOGELS presented slide 10, "Framework for Solution," which
read as follows [original punctuation provided]:
UA's unfulfilled land grant a Statehood Act issue
? Congress assumed Alaska Legislature would be able to
fulfill the entitlement
? Alaska Delegation, Governor, DNR and Dept. of
Interior are discussing other issues related to
Alaska's remaining 5 million acre Statehood Act land
selections
? Anti-dedication clause has an explicit exemption:
"when required by the federal government for state
participation in federal programs"
? Solution may entail a structured federal program
permissible under the constitution
MR. FOGELS presented slide 11, "University of Alaska Fiscal
Foundation Act," which read as follows [original punctuation
provided]:
? Federal legislation by Alaska's Congressional
Delegation
? Establishes program within Bureau of Land Management
to identify and convey available lands to UA from
lands selected by State of Alaska
? Framework for UA and State to jointly identify up to
360,000 acres
U.S. Dept. of Interior will provide technical
assistance identifying lands for inclusion in program
? Delegation working towards reintroduction in 117th
Congress
MR. FOGELS concluded his presentation by asserting that "there's
no question that a larger land endowment for the university
would make it a much, much stronger university system," and he
encouraged committee members to support SJR 8.
1:23:55 PM
The committee took an at-ease from 1:24 p.m. to 1:28 p.m.
1:28:20 PM
REPRESENTATIVE HANNAN asked for clarification on Mr. Fogels'
position with UA and the parameters of his involvement with SJR
8.
MR. FOGELS replied that he is based in Alaska and that his role
is to make recommendations to UA regarding the land grant.
REPRESENTATIVE HANNAN referred to Mr. Fogels' assertion that the
federal government has taken the stance that UA is no longer
owed land because the State of Alaska already received land.
She then asked Mr. Fogels whether she is correct in saying that
UA is asking for 360,000 acres of land in Alaska currently held
by the federal government.
MR. FOGELS replied that the 360,000 acres UA hopes to acquire
would be federal land which has already been "tagged" for
potential transfer to the state; UA is not able to select
federal lands outside of the pool selected by the state. He
said that the federal government is giving the state 5 million
acres, of which 360,000 acres would be diverted to UA.
REPRESENTATIVE HANNAN noted that there are still several local
governments throughout the state which either haven't received
their full transfer, or have yet to form a first-class borough
to make land selections possible. She asked Mr. Fogels whether
he knows where local government allocations stand in the land
selection process.
MR. FOGELS said that he knows that most municipalities are
nearing completion of the municipal entitlements; however, some
are not, and UA is identifying potential lands for acquisition
and submitting them to the Department of Natural Resources (DNR)
for review and a best interest finding. He explained that there
would be a public notice and any potential conflicts or
encumbrances on specific lands would be uncovered.
1:35:08 PM
CHAIR PATKOTAK opened public testimony on SJR 8.
1:35:28 PM
TOM BRICE, Vice President, UAF Alumni Association Board of
Directors, Alumni Relations, University of Alaska, Fairbanks
(UAF) testified in support of SJR 8 and noted the letter of
support from the UAF Alumni Association [hard copy included in
committee packet]. He stressed the importance of diversifying
UA's funding sources, which promotes economic growth and
stability.
1:37:39 PM
CHAIR PATKOTAK, after ascertaining that no one else wished to
testify, closed public testimony on SJR 8.
[SJR 8 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 156 Letter of Support Ember Haynes 4.7.2021.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM |
HB 156 |
| HB 156 Sponsor Statement 3.30.2021.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM |
HB 156 |
| SJR 8 Letter of Support UAF Alumni Association 3.29.2021.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM |
SJR 8 |
| SJR 8 Presentation to HRES 4.7.2021.pdf |
HRES 4/7/2021 1:00:00 PM |
SJR 8 |
| 2021 01 15 Support for the UA Land Grant Conveyance.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM SEDC 2/15/2021 9:00:00 AM |
SJR 8 |
| SJR08_UnivAK_LandGrant_SponsorStatement.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM SEDC 2/15/2021 9:00:00 AM |
SJR 8 |
| SJR08_UnivAK_LandGrant_Research_Land-Grant-History.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM SEDC 2/15/2021 9:00:00 AM |
SJR 8 |
| HB 156 Draft Fiscal Note DNR AGR 4.2.2021.pdf |
HRES 4/7/2021 1:00:00 PM |
HB 156 |
| HB 156 Letter of Support Jack Bennet 4.7.2021.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM |
HB 156 |
| HB 156 Sectional Analysis 4.7.2021.pdf |
HRES 4/7/2021 1:00:00 PM HRES 4/12/2021 1:00:00 PM |
HB 156 |